BANDARUPALLY RAMBABU Vs. M VENKATESWAR RAO

JUDGEMENT

(1.) THIS appeal is directed against the order dated 8. 2. 99 in M. V. O. P. No. 929 of 1996 on the file of the Motor accidents Claims Tribunal, (First Additional District Judge), Guntur.

(2.) THE appellants are the claimants, who filed the claim petition seeking compensation of Rs. 90,000 for the death of one Suryavathi. The claimants are the son and daughter-in-law of the deceased. While the deceased was travelling in a jeep along with 12 others from Kanaparru village of guntur District on 8. 9. 1996, a lorry bearing registration No. AP 16-U 918 owned by the respondent No. 1 and insured with respondent No. 2 hit the jeep resulting in death of five inmates of the jeep including deceased Suryavathi. Several claim petitions were filed by the legal representatives of the deceased as well as the persons who received injuries in the said accident and having considered the evidence produced, a finding was recorded by the Tribunal that the accident took place due to rash and negligent driving of the driver of the lorry. So far as the compensation claimed is concerned, the claimants examined two witnesses PWs 1 and 2 and produced Exh. Al document to substantiate their claim. The deceased was admittedly aged about 40 years at the time of the accident and it was pleaded that she was earning Rs. 3,000 per month by carrying on milk business and she was also working as an agricultural labourer. The Tribunal below opined that the minimum income of the deceased after deducting 1/3rd towards personal expenses would be Rs. 10,000 and having applied the multiplier 13, held that the claimants are entitled for a total compensation of rs. 1,30,000. However, the compensation was restricted to Rs. 90,000 as claimed in the claim petition. The said order is under challenge in this appeal.

(3.) WHILE rely ing upon a decision of the supreme Court in Nagappa v. Gurudayal singh, 2003 ACJ 12 (SC), the learned counsel submitted that there cannot be any restriction that the compensation should be awarded only up to the amount claimed by the claimants. In the above decision, it was held by the Supreme Court as under: